Harassment Restraining Order

A Harassment Restraining Order (HRO) is a form of restraining order or order of protection used in the state of Wisconsin and enforceable nationwide under invocation of the Full Faith and Credit Clause in the Violence Against Women Act (18 U.S.C. § 2265). It is a legal intervention in which a person who is deemed to be harassing, threatening or stalking another person is ordered to stop, with the goal of reducing risk of further threat or harm to the person being harassed. It is not limited to any particular type of relationship between the parties. However, a closely related form of injunction, a Domestic Abuse Restraining Order (DARO) has slightly more restrictive conditions but is only granted to petitioners in specific relationships with their abusers.

Pursuant to Wis. Stat. § 813.125, harassment for the purposes of obtaining an HRO is defined to include striking, shoving, kicking, or other physical abuse; sexual intercourse under Wis. Stat. § 940.225;sexual contact under Wis. Stat. § 940.225;stalking under Wis. Stat. § 940.32; or repeated intimidating acts.

In Wisconsin the process for seeking an HRO is similar to that of a domestic abuse restraining order. The first step is ordinarily for the woman--the Wisconsin Coalition Against Domestic Violence generally refers to petitioners as female as most are women--to file an initial petition with the court. It is free of charge to file a petition for a domestic abuse restraining order. The harassment restraining order sometimes requires a fee but this can often be waived in cases alleging stalking or sexual assault. She may request that a temporary restraining order be granted for a period of up to 14 days. The temporary HRO may be granted ex parte—without the abuser having the opportunity to appear in court. She will also request that a full hearing—at which the abuser will be present—be held to determine whether to grant a permanent HRO.

The temporary HRO or DARO does not go into effect until it is served to the person being restrained. Serving the HRO is the responsibility of the petitioner. Service can be carried out by the Sheriff's Department of the county where the harasser lives or works, or by any adult who is not a party named in the case. At the final hearing, both parties will have an opportunity to testify and the judge will make a decision. The permanent HRO, if granted, may be in effect for up to four years. The order may also be granted, or extended, up to ten years if there is a substantial risk that the respondent may commit homicide or sexual assault against the petitioner.

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